LEGAL

CLOUDEAN will offer You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. If applicable, the terms of any such SLA were separately negotiated between You and Us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this Agreement.

To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits

100% Hardware and Network Uptime

Through load balanced and redundant network design, CLOUDEAN.COM guarantees that our network will be available at all times between any two endpoints within our network. Our comprehensive SLA stands behind our infrastructure with a 100% Hardware and Network Uptime guarantee. In any given month, if your server is ofﬂine due to a unscheduled CLOUDEAN hardware failure, or an unscheduled failure of the CLOUDEAN network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time.

0% Packetloss Guarantee

CLOUDEAN.COM networking environment implements advanced monitoring and re-routing technology to guarantee that no portion of the CLOUDEAN network will introduce any packet loss between any two endpoints within the entire network.

100% Power and HVAC Availability

Our facilities implement multiple tiers of power redundancy to ensure your hardware is operating in an optimal environment at all times. As a result, CLOUDEAN.COM includes a service-level agreement in your contract that you will not experience a power outage event within your contract.

We will review claims of SLA violations during normal business hours and will apply any applicable credit to the Customer's account within up to two billing cycles after CLOUDEAN receives the Customer's compensation request. Not withstanding any contrary provision in this SLA, CLOUDEAN shall not be liable to reimburse in any form for failure to meet any of the guaranteed service levels where such failure arises from any one or more of the following:

Maintenance by local public telecommunications and telegraph service providers on access circuits between CLOUDEAN and the clients’ websites.

Software maintenance done on CLOUDEAN’s network.

Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of CLOUDEAN's control.

Failure of access circuits to the CLOUDEAN Network, unless such failure is caused solely by CLOUDEAN.

Erroneous SLA outages reported as a result of outages or errors of any CLOUDEAN measurement system.

Problems outside of CLOUDEAN’s network (upstream providers, or client’s inbound connection) not effecting 100% packet loss to our network, and interruptions or failures of individual service caused by Customer, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service.

These interruptions and failures include, but are not limited to, the following:

Inaccurate or problem-causing configuration.

Third-party software.

Customer’s abuse or over-utilization of resources.

Acts or omissions of any person for whom CLOUDEAN is not responsible.

Any causes whether similar or otherwise outside CLOUDEAN’s control.

Circumstances beyond CLOUDEAN’s reasonable control and force major events including but not limited to the following:

Catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.

DNS (Domain Name System) issues outside the direct control of CLOUDEAN.

DNS propagation.

Any negligence, willful misconduct, or use of CLOUDEAN’s service in breach of CLOUDEAN’s Terms of Service, Acceptable Use Policy, or No-Spam Policy.

Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and/or the acts or omissions of the Customer, third-party components whether within or outside CLOUDEAN’s network or the acts or omissions of local exchange carriers or failure of third party services.

Outages elsewhere on the Internet that hinder access to your account or services.

Disconnection and/or reconnection of the services due to non-payment of any charges payable to CLOUDEAN or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.

A customer moving from the server where downtime occurred to another CLOUDEAN server in the same calendar month.